16 USC Sec. 45a-1 01/05/2009
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
Sec. 45a-1. Addition of lands authorized
The Secretary of the Interior is authorized, in his discretion,
to accept title to lands and interests in lands near the entrance
to the Sequoia National Park, subject to existing easements for
public highways and public utilities, within the following
Tract A. A portion of tract 37, township 17 south, range 29 east,
Mount Diablo meridian, Tulare County, California, comprising
approximately two acres.
Tract B. A portion of the east half of the northeast quarter of
section 4, township 17 south, range 29 east, Mount Diablo meridian,
Tulare County, California, comprising approximately thirty-eight
Tract C. A portion of the south half of tract 37, township 17
south, range 29 east, Mount Diablo meridian, Tulare County,
California, comprising approximately sixty one-hundredths acre.
The owners of the lands to be conveyed to the United States,
before any exchange is effective, shall furnish to the Secretary of
the Interior evidence satisfactory to him of title to such lands.
Such property shall become a part of the Sequoia National Park upon
the acceptance of title thereto by the Secretary, and shall
thereafter be subject to all laws and regulations applicable to the
(Dec. 21, 1943, ch. 372, Sec. 1, 57 Stat. 606.)
ELECTRIC POWER DEVELOPMENT PERMITS
Pub. L. 99-338, June 19, 1986, 100 Stat. 641, as amended by Pub.
L. 103-437, Sec. 6(d)(4), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 108-
447, div. E, title I, Sec. 139(c), Dec. 8, 2004, 118 Stat. 3069,
provided: "That the Secretary of the Interior is hereby authorized
to issue a permit for ten years, and may issue not more than 3
renewals of equivalent duration, for portions of an existing
hydroelectric project, known as the Kaweah Project of Southern
California Edison Company, to continue to occupy and use lands of
the United States within Sequoia National Park as necessary for
continued operation and maintenance.
"Sec. 2. The Secretary shall not execute any permit renewal prior
to one hundred and twenty calendar days from the date the same is
submitted to the Committee on Energy and Natural Resources of the
United States Senate and to the Committee on Natural Resources of
the United States House of Representatives.
"Sec. 3. The permit shall contain the following provisions:
"(1) A prohibition on expansion of the Kaweah Project in
Sequoia National Park.
"(2) A requirement that an independent safety assessment of the
Kaweah Project be conducted, and that any deficiencies identified
as a result of the assessment would be corrected.
"(3) A requirement that the Secretary prepare and submit to
Congress an update of the July 1983 report on the impact of the
operations of the Kaweah No. 3 facility on Sequoia National Park.
"(4) A requirement that the permittee pay the park compensation
as determined by the Secretary in consultation with the
"(5) Any other reasonable terms and conditions that the
Secretary of the Interior deems necessary and proper for the
management and care of Sequoia National Park and the purposes for
which it was established.
"Sec. 4. The proceeds from any fees imposed pursuant to a permit
issued under this Act shall be retained by Sequoia National Park
and Kings Canyon National Park and shall be available, without
further appropriation, for resources protection, maintenance, and
other park operational needs."
Pub. L. 93-522, Dec. 14, 1974, 88 Stat. 1660, as amended by Pub.
L. 95-625, title III, Sec. 314(d)(3), Nov. 10, 1978, 92 Stat. 3482,
authorized Secretary of the Interior to issue a permit to occupy
and use lands of United States within Sequoia National Park
necessary for continued operation, maintenance, and use of
hydroelectric project known as the Kaweah Number 3 project of
Southern California Edison Company, provided that in no event could
the term of such permit extend for any period in excess of ten
years following the date of its issuance, unless specifically
authorized by law, provided for terms and conditions of permit,
required report on impact of hydroelectric project, and provided
for applicability of the Act.
Pub. L. 88-47, June 21, 1963, 77 Stat. 70, authorized Secretary
of the Interior to issue a permit to use and occupy United States
lands within Sequoia National Park necessary for continued
operation, maintenance, and use of the Kaweah number 3
hydroelectric project of Southern California Edison Company, which
by its terms was to provide that any privileges granted thereunder
were to be exercised in accord with Federal Power Act (16 U.S.C.
791a et seq.) and rules and regulations promulgated thereunder, and
which was to expire no later than Aug. 6, 1974.
Section 3 of act Dec. 21, 1943, provided as follows: "Nothing in
this Act [sections 45a-1 and 45a-2 of this title] shall be
construed to alter or affect in any manner the provisions, or
extend the term, of the permit heretofore granted to the Southern
California Edison Company and predecessors thereof for the use of
lands in the Sequoia National Park for electric power development
purposes, or to relieve the company of any financial or other
obligation under said permit, or under agreements or orders
relating or supplementary thereto."